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Commercial conditions

Last revision: 01/08/2024

These conditions

(1) This website (the “ Site ”) and/or the services, including any mobile applications connected thereto (collectively the “ Services ”) and any offer or sale of activities (the “ Offered Services ”) and the reservation of these Services offered (the “ Reservation ”) through the Site, are owned and operated by MANDARINE SA (hereinafter also referred to as “ we ”, “us” or “our”). These Terms of Business (the “ Terms ”) set forth the terms and conditions under which visitors or users (collectively, the “ user ” or “you”) may visit or use the Site and/or Services and purchase Products.

(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all the Terms, you must not access the Site or use any Services. Read these Terms carefully before accessing or using our Site or Services or purchasing Services. In these Conditions you will find out who we are, how we sell our MANDARINE SA Services to you, how you can terminate the purchase contract and what you can do in the event of a problem.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are not an adult, you may only use the Services or purchase Products with the consent of your parent or legal guardian.

(4) This site is published by [MANDARINE SA, 100,000 CHF, represented by Serge Soriano, Chemin du Cotterd 61, 1884, Arveyes, Switzerland, +41 79 351 01 98, mandarine.ste@host.smoobu.com, number d registration in the commercial register CH550.1.166.579-5 IDE/VAT number CHE-486.164.755.
The publication director is Serge Soriano.
You can contact us :

  • by telephone: +41 79 351 01 98 (price of a local call)

  • by email: mandarine.ste@host.smoobu.com

  • by mail: Chemin du Cotterd, 61, 1884 Arveyes, Switzerland

This Site is hosted by Wix.com

These Conditions are provided in French. In the event of a discrepancy between the French version of this document and any of its translations, the French version will prevail.

To use our Site and/or benefit from our Services, you must be at least 18 years old, or the legal age of majority in your country, and possess the legal authority, right and power to enter into these Terms as a binding agreement. You are not authorized to use this Site and/or benefit from our Services if it is prohibited in your country, or by any law or regulation applicable to you.

Additionally, before placing and confirming an order, you must read and agree to these Terms.

You may download and print these Terms.

Product Description

(1) You must carefully read the Description of the Service offered before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Services offered are provided for purely indicative purposes and do not bind us.

(2) We invite you to refer to the information and instructions for use which appear in the accompanying documents. We cannot be held responsible for any damage resulting from non-compliance with these instructions for using the Services offered on our website.

Purchase of the services offered

(1) Any purchase of Services offered is subject to the Conditions applicable at the time of this purchase.

(2) You may make Reservations to purchase the Services offered through our site or services. You can cancel your reservation without giving a reason, within 14 days from the date of conclusion of the seasonal rental (payment of deposit). The refund will be made within 14 days following withdrawal

(3) We may request payment for a specific Service offered. When you make a payment for any of our offered services, you acknowledge that: (i) you are required to read the full list and description of the offered Services before committing to book them, and (ii) you enter into a legally binding contract to book a Service offered when you complete the booking process.

(4) You can choose the Services offered and the available dates that you intend to book and collect them in your shopping cart by making the appropriate selections (e.g. type of service offered, quantity and clicking on the button corresponding The prices we charge are indicated on the Site or the Services We reserve the right to modify the prices of the Services offered displayed at any time (provided that you are only billed the amount agreed upon before any price change). and to correct pricing errors that may inadvertently occur, with effect for the future Additional information on pricing and value added tax (VAT) at the current rate and other applicable taxes, fees or charges. are available on the Site during the reservation process.


(5) Before clicking on the “Available – I reserve” button, all the Services offered and the dates you have chosen, including the total price, are displayed again in a reservation summary. You can then identify and correct any entry errors before definitively validating your reservation. By clicking on the “Reserve and Pay” button, you place a firm order to reserve the Services offered on the chosen dates. However, the reservation request can only be placed and transmitted if you have accepted these Conditions by clicking on the check box provided for this purpose, and thus including them in your reservation request.

(6) We will then send you an automatic confirmation of receipt of your reservation request by e-mail, in which your reservation will be summarized again and which you can print or save using the corresponding function. Automatic confirmation of receipt only documents receipt of your reservation request and does not constitute acceptance of this order on our part.


(7) The legally binding agreement for the reservation of the Services offered is only concluded when we send you an acceptance notice by e-mail. We reserve the right not to accept your reservation request. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately (for example, an electronic money transfer, or a bank transfer instant via Paypal, Stripe, or any similar payment method). In this case, the legally binding agreement is concluded when you complete the Reservation process, as described above, by pressing the "Available – I reserve" button, the payment has been validated and you have returned the rental agreement sent to you signed electronically.

(8) Fees for the Services offered are due before the provision of the Services begins. In the event that the deposit for the Services offered is to be paid offline, you hereby agree to make payment in full before the appointment. We reserve the right to refuse to provide an offered Service at any time if payment is not made.

Coupons, Gift Cards and Other Offers

We may from time to time offer discounts and other offers (the “Offers”) regarding our Services offered. These Offers are only valid for the duration that may be indicated therein. The Offerings may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

CANCELLATION OF THE CONTRACT:

Any cancellation must be notified by registered letter.

a) Cancellation before arrival at the premises:

  • 50% refund for cancellations made at least 7 days before arrival date.

  • No refunds for cancellations made within 7 days of arrival date.

The deposit remains with the lessor.


b) If the lessee does not appear within 24 hours following the arrival date indicated on the contract, this contract becomes void and the lessor may dispose of his apartment. The deposit also remains with the lessor who will request the balance of the rental.

c) If the stay is shortened, the rental amount will remain with the lessor. No refunds will be made.

The lessor is in no way responsible for the transport of the lessees. It cannot be held responsible for the inability of guests to reach the resort, whatever the reason, even in the event of force majeure and will not issue any reimbursement.


Intellectual property

(1) Our Services and related content (and any derivative works or improvements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing contained herein grants you any rights in respect of Our Intellectual Property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

(2) If the proposed Service you have booked requires or involves the use of digital content such as music or videos, you will be granted the rights indicated on the Site for that Booking.

Exclusion of warranty for the use of the Site and Services

The Services, Our intellectual property and all materials, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defaults. We do not guarantee that our free Services will be provided uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for the Products you have purchased from us, as mentioned in the “Warranty for Services Offered” section above, will not be affected.

Compensation


You agree to defend and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees). ) arising from or relating to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set out in these Terms, unless such circumstances are not caused by your fault .

Limitation of liability

(1) To the fullest extent permitted by applicable law, we exclude all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of income, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, wasted management time or office, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or results of the use of this Site, (iii ) any website linked to this Site or the materials on these linked websites.

(2) We will not be liable for any delay or failure to comply with our obligations under these Conditions if such delay or failure results from a cause beyond our control and/or an act of force major within the meaning of article 1216 of the Civil Code.

Modification of the Conditions or Services; interruption

(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You must therefore consult them regularly. If we materially change these Terms, we will notify you that the material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future versions of the Terms, do not access or use the Site or Service.

(9) We may change the Services, stop providing the Services or any feature of the Services we offer, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will notify you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account when taking such action.

Links to third party sites

The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, any links they contain, or any changes or updates thereto. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for your convenience only. If we add links to other websites it does not mean that we endorse their owners or their content.

Applicable right

(1) These Terms are governed and construed in accordance with the laws of France, excluding conflict of law rules.

(2) If you wish to draw our attention to a subject, complaint or question concerning our site, contact us: mandarine.ste@host.smoobu.com

If, after contacting us, you consider that the problem has not been resolved, you will have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the Consumer Code. the consumption. To submit your request to the consumer mediator, complete the online dispute resolution form accessible at the following address:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Miscellaneous

(1) No waiver of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default.

(2) The section titles used in these Terms are for convenience only and have no legal substance.

(3) Unless otherwise stated, if any part of these Terms is found to be unlawful or unenforceable for any reason, it is agreed that that part of these Terms will be deleted, the other terms of these Terms will not be affected and that They will remain in force.

(4) By accepting the Conditions, you undertake not to contest the probative value of documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered evidence of communications, orders and payments made between us.

(5) Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the Civil Code.

(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us regarding the Services and the sale of the Products.

(6) The provisions of these Terms which by their nature should survive any action by us shall survive, including, without limitation, the provisions relating to indemnity, waivers, disclaimers, to the limitations of liability and this “Miscellaneous” article.

Contact us

To contact us, send an email to:
MANDARINE SA
mandarine.ste@host.smoobu.com

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Appendix 1 - Model withdrawal form
(art. R. 221-1 of the Consumer Code)

Right of withdrawal form

Complete and send the following form if you wish to withdraw.

Att.: Customer service

MANDARINE SA
ROAD OF COTTARD 61
1884 ARVEYES
SWISS
email mandarine.ste@host.smoobu.com

I hereby inform you that I withdraw my agreement for the reservation of a subscription to the Service below/the contract for the purchase of the Products below:

Name of reserved property

________________________________________________



Reservation period

________________________________________________



Reservation validation date

________________________________________________



Your name

________________________________________________



If possible, specify your account, order or customer number

________________________________________________



Date

________________________________________________


User signature

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